Zane Tray Lincoln tried to fight his visa cancellation but the Federal Court of Australia rejected his bid

The 42-year-old who was instrumental in Tim Pullen’s death nine years ago will be deported back to his birth country.

Mackay's Tim Pullen was killed in April 2012.

A man convicted of killing Mackay's Tim Pullen will be booted from Australia after the federal court rejected his push to stay.

Zane Tray Lincoln has also been ordered to pay costs totalling $5000.

It has been nine years since Mr Pullen was violently abducted from a North Mackay unit and subsequently killed in mid April 2012.

His remains have never been found despite tireless and ongoing efforts by his family and police.

The 34 year old had been staying at a Valley Street flat when he was snatched from the couch - his body was then stored in a nightclub coldroom before he was dumped in remote bushland towards Collinsville.

Six people were charged over their individual roles in the attack, death and disposal.

Mooloolah Valley resident Zane Tray Lincoln was, in August 2013, arrested and charged with the murder of Timothy John Pullen in Macky on April 16 2012. Photo Darryn Smith / Sunshine Coast Daily

 

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Ringleader Zane Tray Lincoln, Benjamin Francis Oakley, Nicholas Voorwinden and Keira Jeanette McKay all pleaded guilty to manslaughter.

Stephen Dale Renwick and Luke Shayne Kister pleaded guilty to accessory to manslaughter.

Lincoln, 42, is a New Zealand citizen and was the holder of a Class TY visa from September 10, 1994 until it was cancelled on December 12, 2017, after he was jailed for 11 years in May 2016 over Mr Pullen's death as well as drug offending.

He had initially been charged with murder but pleaded guilty to manslaughter on the first day of the trial.

A Federal Court of Australia judgment published today stated Lincoln was told, via a letter from the Department of Immigration and Border Protection in June 2018, his visa had been cancelled.

Timothy Pullen with his parents Leanne and Gary Pullen. Contributed

 

The letter stated Lincoln did "not pass the character test" in relation to his extensive criminal history dating back to when he was 18 years old and included penalties of imprisonment exceeding 12 months.

That same month Lincoln, through his lawyers, pushed for the cancellation to be revoked on the grounds including it posed only a minimal and remote risk to harm to the Australian community, it was in the best interest of his young children and "a majority of members of the Australian community informed of his circumstances would not favour non-revocation".

He also argued he had lived in Australia for 25 years and had significant ties and support to help aid his rehabilitation.

Mackay's Tim Pullen.

 

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He said he had no family in New Zealand, was remorseful for his offending, which he claimed was influenced by drugs and he was now clean.

However the Immigration, Citizenship, Migrant Services and Multicultural Affairs minister at the time determined Lincoln's addiction to drugs did not excuse or minimise his offending and he noted Lincoln "had limited personal insight and judgment".

It was determined Lincoln posed an ongoing risk and the cancellation stood.

In May 2020 the Federal Court of Australia granted Lincoln time to file an application for review of the minister's decision.

Lincoln's arguments included that the minister had unfairly relied on four media articles and as a result placed too much weight on the risk the convicted killer's presence may pose to the Australian community.

However the Federal Court of Australia upheld the minister's decision and dismissed Lincoln's push for review.

Mr Pullen's mother Leanne Pullen welcomed the decision.

"Our family is pleased that the decision was upheld and we will be pleased to know when he has left the country after he has completed his sentence," she said.

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Originally published as Zane Tray Lincoln tried to fight his visa cancellation but the Federal Court of Australia rejected his bid